Children and the law

My 13-year-old son Aaron was caught shoplifting. Can he be prosecuted?

Until Aaron is 14, the only criminal offences he can be charged with is murder or manslaughter. But he can still be held to account for the theft. The police can discuss the matter with you as a family, warn Aaron and arrange for the return of the stolen goods.

A child under 14 can be arrested in certain circumstances - for example, the police could arrest Aaron if they have reasonable suspicions that he will commit another offence.

If Aaron's behaviour is of particular concern (perhaps he has offended before) a family group conference may be called under the Children, Young Persons and their Families Act. Conferences involve family members, including whanau or extended family members, and can include police, teachers, counsellors and social workers. Victims and their support people are also entitled to attend.

The emphasis will be on giving the family a chance to sort problems out. A punishment or counselling may be discussed.

Beatrice, who is 15, has been charged with theft and has to appear before the Youth Court. What is the worst that could happen?

If your child is aged 14 to 16 and is accused by the police of committing a crime, she can be brought before the Youth Court.

If the charge is proved, Beatrice will be sentenced. The sentence varies depending on the nature of the offence and whether it's the first time she's been in trouble. She could be fined, or sentenced to supervision (which is like probation), community work or a residential period in a Child, Youth and Family Services residence (maximum three months).

Usually, before a charge is laid, a youth aid police officer will consider whether the issue can be dealt with by cautioning your child or calling for a family group conference - particularly if your child admits to the offence and you agree on a sensible plan to stop future offending.

Carl, who is 16, and his friends were caught behind the bike sheds smoking. The police think it may have been dope and want to question him. What rights does he have?

Carl must give his name, age and address to the police, if asked. The police must tell Carl:

• He has the right to silence, which means he does not have to answer any questions or sign a statement unless he wants to.
• If he makes a statement to police, this may be used against him in court.
• As Carl is aged between 14 and 17, he is entitled to have a lawyer, a parent and an "independent nominated person" present during any interview by police. A list of suitable adults will be available at the police station.
• He is also entitled to speak with his lawyer, parent or independent nominated person before he decides whether to answer questions.
• He does not have to accompany the police anywhere unless he is arrested or the police want to breathalyse him.

The police must explain Carl's rights to him in a way he can understand. He can ask the police to clarify any aspect of his rights that he is unsure of.

The school just phoned to say that my daughter Dana, who was with Carl, is suspected of selling marijuana and that the police plan to strip search her. Can they do this?

Yes. Police have the right to search, including strip search, without a warrant under the Misuse of Drugs Act, but they must have reasonable grounds to suspect the Act has been broken.

However, if Dana is not given a chance to consult you or a nominated person before the search, her rights may be infringed. The Commissioner for Children has ruled that such a search would breach Dana's rights under the New Zealand Bill of Rights Act and the Children, Young Persons and their Families Act.

If police wish to conduct a strip search in circumstances that do not involve drugs or firearms, they must have a warrant or have made an arrest and had reasonable grounds to do so. A same-sex officer should be present where possible.

Police cannot conduct an internal body search (other than inside the mouth). Internal searches must be done by a doctor and only with the individual's permission.

Ever since the drug incident Carl and Dana have been wagging school. What could happen?

Under the Education Act, every child aged between six and 16 must be enrolled at a registered school, and must attend school whenever it is open. The Ministry of Education may grant long-term exemptions in situations such as home-schooling. If Carl and Dana are approached by police during school hours, they must give their names, addresses and dates of birth. If they have a good reason for not being at school they should say so.

The police could take Carl or Dana back to school or to their homes, but not to a police station. As a parent, you can be prosecuted for not ensuring your child attends school regularly, and the District Truancy Service may become involved if your child is persistently absent from school.